NACDLast week, NACD joined 69 other organizations in sending a letter to the Ports of Long Beach and Los Angeles expressing concerns about their proposed Clean Air Action Plan update. Once enacted, this plan will form the basis for several statewide rules imposed by the California Air Resources Board and will increase the likelihood of adoption of an Indirect Source Rule for supply chain components such as railyards, warehouses and distribution facilities. In the letter, NACD and the other organizations expressed concerns about the lack of availability of specified technologies, the high costs of the plan, and the lack of a thorough cost-benefit analysis.Back to top

NACD/DEA Join NACD and the U.S. Drug Enforcement Administration (DEA) for a webinar on DEA listed chemical regulations on Thursday, Oct. 19 at 12:00 p.m. (EDT). List I and List II chemicals are chemicals that are used to manufacture controlled substances and/or illicit drugs. During the webinar, DEA speakers will provide an overview of DEA regulations that apply to the storage, handling, reporting and import/export of listed chemicals. After the general presentation, DEA will be available for a short question and answer session. Register here.Back to top

NACDNACD issued the following statement on S. 1818, the Small Business Health Plans Act, recently introduced by Sen. Mike Enzi (R-WY). This legislation would provide small businesses with more affordable health care options for their employees and families through small business health plans (SBHPs). The U.S. House of Representatives passed similar legislation earlier this year. Click here to ask your senators to co-sponsor!Back to top

EPA/NACDLast year, the U.S. Environmental Protection Agency (EPA) issued a “final rule; technical amendment” making changes to Emergency Planning and Community Right to Know Act Tier II reporting by replacing the current five hazard categories with the much more extensive Occupational Safety and Health Administration Hazard Communication Standard (HCS) categories. If you have examples of how this change will impact your company’s reporting burden, please send them to Jennifer Gibson at jgibson@nacd.com. Your input will help us to make our case to EPA.READ MOREBack to top

Bergeson & Campbell, P.C.After the NACD “LCSA for Chemical Distributors: Focus on Inventory Notification” webinar on Sept. 7, Bergeson & Campbell reviewed the many questions received during the webinar and consolidated the Qs & As into one document, which can be found here. The slides and recording of the webinar are also available.Back to top

TSCA BlogOn September 20, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register stating that it is extending the compliance date by which submitters of Toxic Substances Control Act (TSCA) submissions containing information claimed as Confidential Business Information (CBI) and filed between June 22, 2016, and March 21, 2017, had to submit to EPA the substantiation required by TSCA Section 14(c)(3) for all information claimed as confidential, other than information exempt from substantiation pursuant to TSCA Section 14(c)(2).Back to top

ChemicalWatchThe US EPA has asked federal courts to consolidate pending lawsuits that challenge its implementation of the 2016 TSCA amendments, and suspend deadlines for filing legal arguments until the issue is settled.
Several NGOs filed petitions on August 10 and 11 for court review of the agency's final framework rules for prioritization and risk evaluation. These have been sharply criticized by NGOs and Democratic lawmakers, since they were published on June 22.Back to top

Overdrive The Federal Motor Carrier Safety Administration is proposing to reduce Unified Carrier Registration fees for trucking companies, brokers and more for at least the next two years.
In its proposal, the agency says for the 2018 registration year, beginning Oct. 1, 2017, registration fees would be reduced below the current level by approximately 9.1 percent. The reduction is due to total revenues from the UCR Plan exceeding the statutory maximum for the 2016 registration year by $5.13 million, or approximately 4.55 percent. FMCSA says this is the first time the statutory maximum has been exceeded.Back to top

Supplying Tank Storage and Process Since 1946. Providing storage and process tank solutions to the petroleum, chemical, construction, and agricultural industries, Clawson Tank maintains one of the largest and most efficient underground and above-ground tank and pressure vessel manufacturing facilities in North America.MORE

Powder & Bulk SolidsThe U.S. Chemical Safety Board issued a safety bulletin on a fire at the ExxonMobil refinery in Baton Rouge, LA on Nov. 22, 2016 that said the company failed to ensure that written procedures and training were provided prior to the incident.
Released at a public business meeting in Washington D.C. on Monday, the agency said the fire started as workers performed maintenance work and mistakenly removed bolts from pressure-containing equipment. When workers opened a plug valve, the valve failed and released hydrocarbons, creating a vapor that caught on fire. Four workers were injured.Back to top

EHS Daily AdvisorPesticide registrants should review EPA’s draft Pesticide Registration Notice (PRN), which provides guidance on whether they should provide the Agency with a notice regarding minor modifications they wish to make to a registration. The draft would supersede PRNs issued in 1995 and 1998. Those PRNs addressed actions by registrants that do not require extensive EPA review and do not have the potential to cause unreasonable adverse effects to the environment. According to the draft PRN, notification guidance in the two previous PRNs requires revision following passage of the 2004 Pesticide Registration Improvement Act (PRIA) and subsequent PRIA reauthorizations.Back to top

.

PRODUCT SHOWCASE

Responsible Distribution Courses on NACD U!NACD's new online training center is specifically designed to improve the skills, knowledge, and professional development of workers in the chemical distribution industry. Train your employees in Responsible Distribution, Transportation, Facility Process Safety and more. Click here to enroll.

Bergeson & Campbell, P.C. via The National Law ReviewThe U.S. Environmental Protection Agency (EPA) promulgated on September 21, 2017, significant new use rules (SNUR) for 37 chemical substances that were the subject of premanufacture notices (PMN). Six of the chemical substances, including carbon nanotube (generic) and nanocarbon (generic), are subject to consent orders issued by EPA under Section 4 of the Toxic Substances Control Act. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of the 37 chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity.Back to top

POLITICOLast week, the Senate easily passed its version of the annual defense policy bill (H.R. 2810) by an 89-8 vote. The upper chamber's version of the National Defense Authorization Act for the 2018 fiscal year now goes to conference negotiations with the House.Back to top

ReutersSenate Republicans struggled to gather more support for a last-ditch attempt to repeal Obamacare on Monday despite revising funding provisions of their bill to make it more attractive to a handful of undecided lawmakers.Back to top